Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Proposed Rules 86093 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2023–0371; FRL–11173– 

01–R9] 

Air Plan Approval; California; Ventura 

County Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the Ventura County Air 

Pollution Control District (VCAPCD) 

portion of the California State 

Implementation Plan (SIP). These 

revisions concern definitions applicable 

to local rules that control emissions of 

volatile organic compounds (VOCs) 

from processing, production, gathering, 

and separation of crude oil and natural 

gas, and the transfer and storage of 

reactive organic compound liquids and 

petroleum material. We are proposing to 

approve a local rule to regulate these 

emission sources under the Clean Air 

Act (CAA or ‘‘the Act’’). We are taking 

comments on this proposal and plan to 

follow with a final action. 

DATES: Comments must be received on 

or before January 11, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2023–0371 at https://

www.regulations.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. The EPA may publish 

any comment received to its public 

docket. Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. If you need 

assistance in a language other than 

English or if you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Donnique Sherman, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 947–4129 or by 

email at sherman.donnique@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rule did the State submit? 

B. Are there other versions of this rule? 

C. What is the purpose of the submitted 

rule revisions? 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rule? 

B. Does the rule meet the evaluation 

criteria? 

C. EPA Recommendations To Further 

Improve the Rule 

D. Public Comment and Proposed Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rule did the State submit? 

Table 1 lists the rule addressed by this 

proposal with the dates that it was 

adopted by the local air agency and 

submitted by the California Air 

Resources Board (CARB). 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Revised Submitted 

VCAPCD ................................. 71 Crude Oil and Reactive Organic Compound Liquids ............. 5/11/2021 10/15/2021 

On April 15, 2022, the submittal for 

VCAPCD Rule 71 was deemed by 

operation of law to meet the 

completeness criteria in 40 CFR part 51, 

Appendix V, which must be met before 

formal EPA review. 

B. Are there other versions of this rule? 

We approved an earlier version of 

Rule 71 into the SIP on February 29, 

1996 (61 FR 7706). The VCAPCD 

adopted revisions to the SIP-approved 

version on May 11, 2021, that CARB 

submitted to us on October 15, 2021. 

C. What is the purpose of the submitted 

rule revisions? 

Emissions of VOCs contribute to the 

production of ground-level ozone, smog, 

and particulate matter that harm human 

health and the environment. Section 

110(a) of the CAA requires states to 

submit regulations that control VOC 

emissions. Rule 71 was revised to 

incorporate definitions in VCAPCD 

Rules 71.3, ‘‘Transfer of Reactive 

Organic Compound Liquids,’’ (approved 

into the SIP on August 4, 1994 (59 FR 

64330), and locally revised on May 11, 

2021), and 74.10, ‘‘Components at Crude 

Oil and Natural Gas Production and 

Processing Facilities,’’ (approved into 

the SIP on August 19, 1999, 64 FR 

45175). 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rule? 

Rules in the SIP must be enforceable 

(see CAA section 110(a)(2)), must not 

interfere with applicable requirements 

concerning attainment and reasonable 

further progress or other CAA 

requirements (see CAA section 110(l)), 

and must not modify certain SIP control 

requirements in nonattainment areas 

without ensuring equivalent or greater 

emissions reductions (see CAA section 

193). 

Generally, SIP rules must require 

reasonably available control technology 

(RACT) for each category of sources 

covered by a Control Techniques 

Guidelines (CTG) document as well as 

each major source of VOCs in ozone 

nonattainment areas classified as 

‘‘Moderate’’ or above (see CAA section 

182(b)(2)). The VCAPCD regulates an 

ozone nonattainment area classified as 

‘‘Serious’’ for the 2008 and 2015 8-hour 

ozone National Ambient Air Quality 

Standards (NAAQS) (see 40 CFR 

81.305). Therefore, its rules must 

require RACT where applicable. 

Guidance and policy documents that 

we used to evaluate enforceability, 

revision/relaxation and rule stringency 

requirements for the applicable criteria 

pollutants include the following: 

1. ‘‘State Implementation Plans; General 

Preamble for the Implementation of Title I of 

the Clean Air Act Amendments of 1990,’’ 57 

FR 13498 (April 16, 1992); 57 FR 18070 

(April 28, 1992). 


ddrumheller on DSK120RN23PROD with PROPOSALS1
86094 Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Proposed Rules 

2. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and Deviations,’’ 

EPA, May 25, 1988 (the Bluebook, revised 

January 11, 1990). 

3. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule Deficiencies,’’ 

EPA Region IX, August 21, 2001 (the Little 

Bluebook). 

4. ‘‘Control Techniques Guidelines for the 

Oil and Natural Gas Industry,’’ EPA–453/B– 

16–001, October 2016. 

B. Does the rule meet the evaluation 

criteria? 

This rule meets CAA requirements 

and is consistent with relevant guidance 

regarding enforceability and SIP 

revisions. The TSD has more 

information on our evaluation. 

C. EPA Recommendations To Further 

Improve the Rule 

The TSD includes recommendations 

for the next time VCAPCD modifies the 

rule. 

D. Public Comment and Proposed 

Action 

As authorized in section 110(k)(3) of 

the Act, the EPA proposes to fully 

approve the submitted rule because it 

fulfills all relevant requirements. We 

will accept comments from the public 

on this proposal until January 11, 2024. 

If we take final action to approve the 

submitted rule, our final action will 

incorporate this rule into the federally 

enforceable SIP. 

III. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

VCAPCD Rule 71, revised on May 11, 

2021, which regulates definitions of 

terms. The EPA has made, and will 

continue to make, these materials 

available through https://

www.regulations.gov and at the EPA 

Region IX Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this proposed action 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it proposes to approve a state 

program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. The EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ The EPA 

further defines the term fair treatment to 

mean that ‘‘no group of people should 

bear a disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The State did not evaluate 

environmental justice considerations as 

part of its SIP submittal; the CAA and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation. The EPA did not perform an 

EJ analysis and did not consider EJ in 

this action. Due to the nature of the 

action being taken here, this action is 

expected to have a neutral to positive 

impact on the air quality of the affected 

area. Consideration of EJ is not required 

as part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving environmental justice for 

people of color, low-income 

populations, and Indigenous peoples. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: December 2, 2023. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2023–27108 Filed 12–11–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R04–OAR–2023–0535; FRL–11589– 

01–R4] 

Outer Continental Shelf Air 

Regulations; Consistency Update for 

North Carolina 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule; consistency 

update. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to update a 

portion of the Outer Continental Shelf 

(OCS) Air Regulations. Requirements 

applying to OCS sources located within 

25 miles of States’ seaward boundaries 

must be updated periodically to remain 

consistent with the requirements of the 

corresponding onshore area (COA), as 


ddrumheller on DSK120RN23PROD with PROPOSALS1